United States Ninth Circuit

In a Truth In Lending Act action claiming that Defendant-Bank failed to disclose risk factors allowing it to raise Plaintiffs' APR, the dismissal of the complaint is affirmed where Defendant adequately disclosed the APRs that the credit card agreement permitted Defendant to charge simply by means of the agreement's change-in-terms provision.

Appellate Information

• Argued 12/11/2008
• Decided 05/19/2009
• Published 05/19/2009

Judges

• Before:  DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael D. Braun, Braun Law Group, P.C., Los Angeles, CA, argued the cause for the appellants and filed the briefs.  Matthew J. Zevin, Stanley, Mandel & Iola, LLP, San Diego, CA, was also on the briefs.


• For Appellees:
  
• Nancy R. Thomas, Morrison & Foerster LLP, Los Angeles, CA, argued the cause for the appellee and was on the brief.  Robert S. Stern, Morrison & Foerster LLP, Los Angeles, CA, filed the brief.  Shirley M. Hufstedler, Morrison & Foerster LLP, Los Angeles, CA, and Angela L. Padilla and Geoffrey Graber, Morrison & Foerster LLP, San Francisco, CA, were also on the brief.